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    <h1>Hail Terms of Service</h1>
    <p class="effective-date">Effective Date: May 6, 2025</p>

    <div class="section">
        <p>Please read these Terms of Use (these "Terms") carefully, as they constitute a binding contract between you, an individual user ("you" or "your"), and The Broad Institute, Inc. ("Broad," "we," "us," or "our"). These Terms of Use ("Terms") apply to your use of Broad's instance of the Hail application, which can be accessed by our website [batch.hail.is] ("Hail"). By clicking "I accept" or by using or accessing Hail, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use Hail.</p>

        <p>We reserve the right to change or otherwise modify these Terms at any time. All changes are effective immediately when we post them, and apply to all access to and use of Hail thereafter. We may also notify you by sending an email notification to the address associated with your Account (as defined below) or by providing notice through Hail. Your continued access or use of Hail after receiving notice of any update, modification, or other change to these Terms signifies your acceptance thereof. If you do not wish to accept modifications to the Terms, you may cease using Hail at any time.</p>

        <p>If you suspect or have confirmed you have identified a vulnerability in Hail, please report said vulnerability to us immediately at <a href="mailto:infosec@broadinstitute.org">infosec@broadinstitute.org</a>.</p>
    </div>

    <div class="section">
        <h2>1. GENERAL OVERVIEW OF HAIL</h2>
        <p>We have developed Hail to enable users to manage and analyze multi-dimensional structured data, particularly genomic data in genome-wide association studies (GWAS). The system primarily serves bioinformaticians, providing a platform that leverages computational power for large-scale genomic research without requiring in-depth knowledge of distributed computing. Hail is intended to be used for research purposes only. You use Hail at your own risk.</p>
    </div>

    <div class="section">
        <h2>2. YOUR USE OF HAIL</h2>
        <p><strong>Individual Use.</strong> Any individual with a Google account within the broadinstitute.org domain may become a Hail User. Users may use Hail, either in an individual capacity or on behalf of a company or other entity, for data analysis, sharing reproducible research, developing scientific software tools, teaching and educational activities, and/or in connection with sponsored research. Individual use of Hail is governed by these Terms.</p>

        <p><strong>Your Hail Account.</strong> To access and use certain features of Hail, you need to register for an account ("Account") by logging in through your Google account. If you register for an Account, you must provide accurate information and promptly update this information if it changes. You may not permit any other person to access Hail using your user name and password, and the use of your Account is your responsibility. If you learn or suspect that your user name or password has been wrongfully used or disclosed, you should promptly notify us and immediately reset your password. To help ensure the security of your password or Account, please sign out of your Account at the end of each session.</p>

        <p><strong>Accessing a Government Website.</strong> To the extent you have selected research data from certain U.S. Government sources, you acknowledge that the following terms apply:</p>
        <ol>
            <li>Users are accessing a U.S. Government information system;</li>
            <li>Information system usage may be monitored, recorded and subject to audit;</li>
            <li>Unauthorized use of the information system is prohibited and subject to criminal and civil penalties;</li>
            <li>Use of the information system indicates consent to monitoring and recording.</li>
        </ol>

        <p><strong>Age Restrictions.</strong> In order to use Hail you must be 18 years of age or older.</p>

        <p><strong>No Medical Advice.</strong> Hail does not provide medical advice. All Content connected to Hail is for research purposes only and is not a substitute for professional medical advice or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding your health. Never disregard professional medical advice or delay in seeking it because of something you have read on Hail. If you think you may have a medical emergency, call your doctor or 911 immediately. We do not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on Hail. Reliance on any information provided by us, available on Hail, or by other Users is solely at your own risk.</p>
    </div>

    <div class="section">
        <h2>3. PRIVACY</h2>
        <p>Broad understands the importance of confidentiality and privacy regarding your user information. Please see our Privacy Policy [insert hyperlink] for a description of how we collect, use, and disclose your personal information when you access or use Hail. By using Hail or by clicking to accept or agree to these Terms when this option is made available to you, you consent to our use of your information and our contacting you, in each case, in compliance with our Privacy Policy.</p>
    </div>

    <div class="section">
        <h2>4. COMMUNICATION PREFERENCES</h2>
        <p>By creating an Account, you also consent to receive electronic communications from Broad (e.g., via email or by posting notices to Hail). These communications may include operational notices about your Account (e.g., password changes and other transactional information) and are part of your relationship with us. You agree that any communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.</p>
    </div>

    <div class="section">
        <h2>5. PROPRIETARY RIGHTS</h2>
        <p>Some or all of the coding underlying Hail is made available on an open source basis under the MIT License.</p>

        <p>Broad grants you a limited right to use Hail (as defined above) for as set forth in Section 2 above. All original content, materials, features, and functionality (including text, information, images, photos, graphics, artworks, logos, videos, audios, directories, listings, databases, and search engines) available via Hail (the "Content") are or may be the property of Broad or other third parties, including the United States federal government, and may be protected by U.S. and foreign copyright, trademark, and other intellectual property laws.</p>

        <p>Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable right and license to access and use Hail and any Content accessible therein owned and provided publicly by Broad solely for your personal, non-commercial use; provided, however, that such license does not include any right to:</p>
        <ol type="a">
            <li>sell or resell Hail and the Content;</li>
            <li>copy, reproduce, distribute, publicly perform or publicly display Content, except as expressly permitted by us or our licensors;</li>
            <li>modify the Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of Hail and the Content;</li>
            <li>use any data mining, medical robots, or similar data gathering or extraction methods;</li>
            <li>use Hail and the Content other than for their intended purposes.</li>
        </ol>

        <p>Except for this limited license granted to you, we reserve all other rights. This license may be revoked and terminated by us at any time and for any reason.</p>

        <p>Any unauthorized use, reproduction, or distribution of Hail or Content is strictly prohibited and may result in termination of the license granted herein, as well as civil and/or criminal penalties. The "Broad Institute" name and logo and all other Broad names, marks, logos and other identifiers are trademarks and service marks of Broad. You may not use or display any Broad trademarks, trade names, or logos without our prior written permission. We reserve all rights. If you choose to provide us with any comments, suggestions, ideas or other feedback, you agree that we have an unrestricted right to use them, and you are not entitled to receive any compensation.</p>
    </div>

    <div class="section">
        <h2>6. UPLOADED INFORMATION AND USER CONTENT</h2>
        <p>Hail may contain features that allow you to upload, connect, or otherwise provide content (including but not limited to data) owned by you; we refer to this as "User Content". You retain all right, title, and interest in your User Content. Subject to any existing written agreement between you and Broad with regard to the User Content, in order to utilize your User Content in connection with Hail, you grant to Broad the fully transferable and royalty-free right and license to use the User Content for any purpose related to providing and allowing you to utilize Hail, including without limitation, to reproduce, modify, display, perform, make derivative works, in any and all media and formats, whether now known or hereafter created.</p>

        <p>This means we can use the User Content you submit in order to provide Hail to you, including as may be needed for Hail to perform the queries and operations you assign to it, for Broad to provide you with technical support and assistance in your use of Hail, and for Broad's quality control and development purposes. Broad shall not knowingly or intentionally use or sell your User Content for any purpose other than providing Hail.</p>
    </div>

    <div class="section">
        <h2>7. YOUR CONDUCT AND PROHIBITED USES</h2>
        <p>Don't misuse Hail. You may use Hail only as permitted by law, including the applicable export and re-export control laws and regulations of the United States and your home jurisdiction. You are responsible for your conduct and your User Content connected to Hail. Broad provides no representations or warranties as to the security or confidentiality of any User Content that you connect to Hail, and you connect any User Content solely at your own risk.</p>

        <p>Broad shall under no circumstances be liable for the actions of other Users in connection with your User Content, and you indemnify, defend, and hold harmless Broad and its affiliates against any and all claims with regard to other Uses' use of your User Content connected to Hail. Do not connect highly sensitive or confidential information, or Protected Health Information as defined under HIPAA (45 C.F.R. Parts 160 and 164), to Hail.</p>

        <p>By accessing Hail, you acknowledge and agree that we may monitor your conduct, your use of Hail, and your Content to filter spam, viruses, and other malware, ensure interoperability, fix bugs and resolve problems, ensure compliance with these Terms and applicable law, provide you with help desk services and support, and that our understanding of the way Users interact with Hail may be used to improve Hail. This analysis may occur when you connect User Content to Hail or access User Content connected to Hail. If you request technical support, we may also use eyes on monitoring to provide you with such technical support. When using or accessing User Content other than your User Content, you agree to comply with all restrictions and controls imposed by the owner of that User Content.</p>

        <p>We want to make sure Hail is a safe place for us and our Users. For this reason, we need to have certain rules about the use of Hail, including certain conduct that is prohibited. You agree not to use Hail in any way, provide User Content, or engage in any conduct that:</p>
        <ul>
            <li>is unlawful, illegal, or unauthorized;</li>
            <li>is defamatory of any other person;</li>
            <li>is obscene, sexually explicit, or offensive;</li>
            <li>advertises or promotes any other product or business;</li>
            <li>is likely to harass, upset, embarrass, alarm, or annoy any other person;</li>
            <li>is likely to disrupt our service in any way;</li>
            <li>promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;</li>
            <li>infringes any copyright, trademark, trade secret, or other proprietary right of any other person;</li>
            <li>contains highly confidential or sensitive information, including but not limited to Protected Health Information and trade secrets;</li>
            <li>advocates, promotes or assists any violence or any unlawful act.</li>
        </ul>

        <p>We reserve the right, but do not have the obligation, at our sole discretion to edit, delete, remove or block any User Content that violates these Terms. In addition, we reserve the right at our sole discretion to terminate any user's access to Hail if they violate this Section 7 or any other provision of these Terms.</p>
    </div>

    <div class="section">
        <h2>8. USER SECURITY RESPONSIBILITIES</h2>
        <p>Hail maintains an information security posture that aligns with best practices and the NIST 800-53 standard. Though we implement these controls at the level of the system and its environment, there are some aspects of these controls that Broad is not able to enforce without your help. Some controls are shared between us and the User while others are fully the User's responsibility. These controls are called "User Responsibilities." By using Hail, you acknowledge that you are responsible for adhering to these User Responsibilities.</p>

        <ul>
            <li>Implement Multi-Factor Authentication on User identities registered with Hail
                <ul>
                    <li>Use a device separate from the system gaining access as one factor of authentication</li>
                </ul>
            </li>
            <li>Adhere to the following password requirements for User identities used with Hail:
                <ul>
                    <li>Should be at least 15 characters in length</li>
                    <li>Should not include unique identifiers such as name, username, SSN, date of birth, etc.</li>
                    <li>Should not be a commonly used password</li>
                    <li>Should be rotated at leave every 365 days unless Multi-Factor Authentication is used, in which case routine password rotation is not required per NIST 800-63B</li>
                    <li>Must be changed immediately in the event of a password compromise</li>
                </ul>
            </li>
            <li>Log out of your Hail account after ninety (90) minutes of inactivity and at the end of the work period.</li>
            <li>Users are responsible for the security of endpoints (desktops, laptops). Endpoints must be configured to automatically lock the screen after no more than 30 minutes of inactivity and require User re-authentication to unlock, must have anti-virus/anti-malware software installed, hard drives must leverage encryption at rest that meets FIPS 140-2 compliance, and must be configured to automatically receive and install operating system updates on a weekly basis and updates to other applications when security updates are released.</li>
            <li>Hail uses TLS 1.2 (or higher) to protect data in transit throughout Hail. However, users are able to remove information from Hail to fulfill their research needs. It is the user's responsibility to ensure that a commensurate protocol is used to protect any information retrieved via Hail while in transit. Users are responsible for protecting data retrieved from Hail in transit using TLS 1.2 (or higher) or a commensurate protocol.</li>
        </ul>
    </div>

    <div class="section">
        <h2>9. WARNING NOTICE</h2>
        <p>To the extent you have elected to use research data from certain U.S. Government sources with Hail, you acknowledge that the following terms apply:</p>

        <ol>
            <li>You are accessing a website funded by the U.S. Government which may contain information that must be protected under the U.S. Privacy Act or other sensitive information and is intended for government-authorized use only.</li>
            <li>Unauthorized attempts to upload information, change information, or use this website may result in disciplinary action and civil and/or criminal penalties. Unauthorized users of this website should have no expectation of privacy regarding any communications or data processed by this website.</li>
            <li>Anyone accessing this website expressly consents to monitoring of their actions and all communications or data transiting or stored on related to this website and is advised that if such monitoring reveals possible evidence of criminal activity, Broad may provide that evidence to law enforcement officials.</li>
        </ol>
    </div>

    <div class="section">
        <h2>10. BROAD IS NOT RESPONSIBLE FOR THIRD-PARTY CONTENT</h2>
        <p>Hail may contain links to third-party web sites, products, and services, and it may redirect you to third party applications on your mobile device (each, a "Linked Third-Party Service"). Broad is not responsible for the content of Linked Third-Party Services, and does not make any representations or warranties regarding the content or accuracy of any such content.</p>

        <p>When you access and use a Linked Third-Party Service, you are subject to that third party's terms and conditions of use and privacy policy and you agree that Broad is not responsible for and has made no representations or warranties, express or implied, regarding any Linked Third-Party Service and that Broad shall have no liability relating to such Linked Third-Party Service except to the extent such liability is caused by the negligence of Broad. Your use of any Linked Third-Party Service is at your own risk and subject to the terms and conditions of use for such offerings.</p>
    </div>

    <div class="section">
        <h2>11. DISCLAIMER OF WARRANTIES</h2>
        <p>We provide Hail on an 'as is' and 'as available' basis without any promises or representations, expressed or implied. For example, we make no promises about how Hail will work, that they will be error-free, uninterrupted, or have no defects. The law also provides certain implied warranties, such as warranties of merchantability and fitness for a particular use; we disclaim those warranties, meaning they do not apply to Hail. Notwithstanding the foregoing, nothing in this paragraph is intended to free Broad from liability for its own negligence.</p>
    </div>

    <div class="section">
        <h2>12. LIMITATION OF LIABILITY</h2>
        <p>THIS SECTION LIMITS THE DAMAGE YOU CAN RECOVER FROM US. NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OF ANY KIND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, LOST SAVINGS, OR LOSS OF DATA) OR LIABILITIES UNDER ANY CONTRACT, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY MANNER TO HAIL, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITIES. YOUR SOLE REMEDY WITH RESPECT TO HAIL IS TO STOP USING HAIL.</p>

        <p>NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS PARAGRAPH IS INTENDED TO FREE BROAD FROM LIABILITY FOR ITS OWN NEGLIGENCE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES AND/OR LIABILITIES, SO CERTAIN OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.</p>

        <p>In the event that applicable law does not allow the disclaimer of certain warranties and/or the limitation of liability for direct, indirect, consequential or other damages, in no event shall Broad's liability arising under or in connection with these Terms and your use of Hail exceed $100, except to the extent such damages result from Broad's negligence.</p>
    </div>

    <div class="section">
        <h2>13. TERMINATION</h2>
        <p>These Terms are effective unless and until terminated by either you or Broad. You may terminate these Terms at any time by discontinuing any further use of Hail. We also may terminate or suspend these Terms, at any time, without notice and accordingly deny you access to Hail, for any reason, including without limitation, if at our sole discretion you fail to comply with any provision of these Terms or your use is harmful to the interests of another user of Hail.</p>

        <p>Upon any termination of the Terms by either you or us, you must promptly cease using Hail. Termination will not limit any of our other rights and remedies. Any provision that must survive in order to give proper effect to the intent and purpose of these Terms shall survive termination.</p>
    </div>

    <div class="section">
        <h2>14. GENERAL</h2>
        <p>These Terms, including the Privacy Policy and other policies incorporated herein, constitute the entire and only agreement between you and Broad with respect to the subject matter of these Terms, and supersede any and all prior or contemporaneous agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of these Terms.</p>

        <p>If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Neither these Terms nor any right, obligation or remedy hereunder is assignable, transferable, delegable or sub-licensable by you except with Broad's prior written consent, and any attempted assignment, transfer, delegation or sublicense shall be null and void.</p>

        <p>Broad may assign, transfer or delegate this or any right or obligation or remedy hereunder in its sole discretion. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or section title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.</p>
    </div>

    <div class="section">
        <h2>15. CONTACT US</h2>
        <p>If you have any questions regarding Hail or these Terms, you can contact us at <a href="mailto:hail-team@broadinstitute.org">hail-team@broadinstitute.org</a>.</p>
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